Police, Crime, Sentencing and Courts Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Lords Hansard - part one & Committee stage
Wednesday 3rd November 2021 Lords Chamber

[The Earl of Caithness (Con)]

My Lords, I support the amendment moved by the right reverend Prelate. It might surprise your Lordships to know some of the numbers. I am grateful to the Suffolk Constabulary for the figures of incidents of illegal hare coursing. These were the incidents reported—so not necessarily all the incidents—between 1 September 2019 and 31 March 2020. There were 139 incidents reported in 230 days. That means there was more than one incident a day for the police to deal with. The penalties for this illegal behaviour are not sufficient. That is why the right reverend Prelate’s amendments must be agreed.

I want to talk a little about hares, because they have been on the Biodiversity Action Plan list almost since its formation, in 1995. I am hugely grateful, as we all are, for the work done by the Game & Wildlife Conservation Trust, which has been monitoring hares for many years and scientifically working out what their best habitat is. The noble Lord, Lord Carrington, gave us a graphic description of the horrors that farmers have to face, but, if one looks at it from the hare’s point of view, they too would like these amendments.

If the farmer has too many hares on his property—particularly on the eastern side of the country, where the illegal poaching and coursing takes place, because that is where most of the hares are—the farmer will be tempted to reduce the number of hares to discourage poachers. If the laws are not strong enough and the police cannot keep the situation under control, the only sensible option for the farmer is to legally reduce the number of hares to such that it is not attractive for these people to come and drive over their land, smash their gates and cause intimidation. I am sure that, from the hare’s perspective—as I said, they are on the Biodiversity Action Plan, and numbers have been reducing since 2010—they would welcome the strengthening of the law.

I hope that my noble friend will not bat this away by saying that Defra is going to produce something. I think we are all a bit fed up of waiting for Defra to produce things—we need action now. By accepting these amendments, there is nothing here that will cut across what Defra might or might not produce in the fullness of time.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I will speak in favour of Amendments 124 and 128 in the names of the right reverend Prelate the Bishop of St Albans, the noble Lord, Lord Carrington, and the noble Baronesses, Lady McIntosh of Pickering and Lady Jones of Moulsecoomb. I would have certainly added my name had there been room on the list.

The right reverend Prelate has laid out the case for these amendments extremely clearly. Hare coursing is, at present, illegal, but the penalties are not sufficient to deter the really determined criminal fraternity. Big money changes hands during this obnoxious practice, so it is necessary to increase the penalties to assist in preventing unnecessary cruelty to hares and to reimburse the police for the trouble involved in catching and prosecuting the perpetrators. The noble Lord, Lord Carrington, has spoken from personal experience of the effects of intimidation from those participating in hare coursing.

I fully support the measures in Amendment 124, in particular those listed under proposed new Section 4B(6), which gives the list of the disqualification orders, from owning a dog right down to arranging the transportation of dogs. It is entirely appropriate that those subject to disqualification orders should pay for the costs of keeping animals that have been seized and the cost of applying to have their disqualification lifted, whether it is successful or not.

Section 5 of the Hunting Act, which bans hare-coursing events, is rarely used, mainly because of the very tight definition of what constitutes an event. Now is the time to change the way hare coursing is prosecuted to ensure that successful prosecutions can take place. The seizure of both dogs and vehicles is important to ensure that criminals are not able to carry on regardless in another venue.

Hare coursing has devastating effects on farming families. It is classified as poaching, and these amendments apply to all forms of poaching in terms of seizure and confiscation.

The right reverend Prelate has already referred to the NFU’s rural crime survey and I will not repeat those figures. But nearly half of all farming businesses have been targeted by these organised criminal gangs. The right reverend Prelate also set out the threats that farmers have to suffer. It is time to put a stop to this practice and to the high-stakes gambling that profits from this cruel and abhorrent practice.

I welcome the reimbursement of kennelling costs to the police, who have the task of seizing the dogs involved. This is long overdue. As autumn is the current season for hare coursing, which takes no account of dependent, vulnerable young, now is the time for this change in the law to be implemented without delay.

--- Later in debate ---

This view is shared quite widely, including, as I understand it, by Her Majesty’s Government. They set up a task force, chaired by three Secretaries of State. It reported in May 2021 and recommended that there be a new offence of pet theft. When the matter was raised during the passage of this Bill through the Commons, the relevant Minister committed to introducing an amendment to deal with pet theft. So there does not appear to be an issue between the respective Front Benches in respect of the fact that pet theft is going to be made a crime in this Bill. So I await with interest the details of the pet theft crime that the Government are going to put into the Bill, because, in the light of the report from the three Secretaries of State and the commitment made in the other place, it is inconceivable that no amendment will be advanced by the Government. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I speak in favour of this small group of amendments in the name of the noble and learned Lord, Lord Falconer of Thoroton. He set out his case eloquently, and I fully support him on the move to introduce an offence of pet theft.

During lockdown, the family pet had an extremely important role in helping to keep the mental health of families in reasonable order. People were allowed to take exercise; if they had a dog, this meant slightly longer exercise. For those living alone, especially the elderly, there was a living creature to talk to—one that did not contradict or answer back. Children with small furry pets were able to spend more time with them and, hopefully, take more responsibility for their care, cleaning and feeding regimes.

Lockdown meant that there was an increase in demand for pets from all quarters. Some wanted cats and kittens; others wanted a dog. There was a boost in the need for puppies and the price rocketed. Sadly, the latter often resulted in the illegal importation of puppies who had been separated from their mothers too early. Like other Peers, I am sure, I had friends who were searching for a puppy. I stressed to them all that the puppy must be seen with its mother, not alone, and had to be more than 12 weeks old before it could be separated from its mother without harm.

Having acquired a puppy or kitten, or a full-grown cat or dog, it is devastating to have that beloved pet taken away by opportunistic criminals. There are examples of pet dogs being stolen to order. Some owners were afraid to take their pet out for a walk, in case it was stolen while they exercised it. This is not acceptable.

As has already been said, a pet is classified as the owner’s property, which it is—but this does not take account of the emotional distress caused. An elderly person will have lost their only constant companion. A child will have lost the friend they could play with and confide in when times were tough, especially when there were no school friends to talk to during lockdown.

As the noble Lord said, the Government set up a pet theft task force to tackle an increase in incidents during lockdown, with 2,000 dogs being reported as stolen last year. However, as a pet is currently seen only as property, with theft attracting a potential maximum sentence of seven years, this sentence is attached to the monetary value of the pet, which is treated as goods, not the emotional impact of the loss, so the maximum sentence is rarely reached.

Stealing a beloved family pet to bring monetary reward to the criminal should be treated with a more serious penalty which will both deter others and adequately punish the perpetrator. The task force has made recommendations, including introducing an offence of pet theft. Charities involved in animal welfare are keen to see sentences for this crime match those contained in the Animal Welfare (Sentencing) Act 2021. If the Minister is not minded to accept these three amendments, perhaps he could tell us when the Government plan to introduce the necessary legislation on pet abduction. An explicit commitment on a timescale would be very welcome in this debate, as thieves continue to steal pets while the current derisory sentences are in place.

[Lord Craig of Radley (CB)]

My Lords, I support this amendment. During lockdown, mobile pet grooming businesses sprang up, with vans appropriately fitted out to wash and dry dogs, cut their nails and do whatever was needed. Regrettably, some of these mobile vans have been used as a way to steal pets, whose owners might never see them again or might be asked for a ransom payment. My daughter and her cockapoo Eddie use a reputable mobile grooming facility, but the risk of a pet being stolen in this way, particularly prevalent during lockdown, will continue if the deterrent in this amendment and the others is not adopted.